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KAHANEK v. ROGERS

No. 04-94-00663-CV.

900 S.W.2d 131 (1995)

Timothy and Nancy KAHANEK, Individually and as Personal Representatives of the Estate of Kyndil Kahanek, Deceased Minor Child, and as Next Friends of Sommer Kahanek and Joshua Kahanek, Appellants, v. James H. ROGERS, Jr., M.D., Appellee.

Court of Appeals of Texas, San Antonio.

June 7, 1995.

Attorney(s) appearing for the Case

Valorie W. Davenport, Kathleen M. Denison, Law Offices of Valorie W. Davenport, Houston, for appellant.

W. Richard Wagner, J. Kevin Oncken, Patterson & Wagner, San Antonio, for appellee.

Before CHAPA, C.J., and HARDBERGER and DUNCAN, JJ.

CHAPA, Chief Justice.

This appeal demonstrates the different perceptions of two trial judges faced with virtually identical situations. Appellants, Timothy and Nancy Kahanek, filed a medical malpractice lawsuit individually and on behalf of the estate of Kyndil Kahanek, deceased minor child, and as next friends of Sommer Kahanek and Joshua Kahanek, as a result of the death of Kyndil Kahanek, their seven-year-old child. Dr. Sheldon Gross and appellee, Dr. James H....

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